C V HAYAGRIV Vs. MYSORE SILK MUSEUM

JUDGEMENT

(1.) This revision petition under S.50 of the Mysore Rent Control Act, 1961 (hereinafter referred to as 'the Act) is directed against the appellate order of the First Additional District Judge, Bangalore, in HRC. Appeal No. 118 of 1966, reversing the decision of the Munsiff, Civil Station, Bangalore, in HRC. No. 197 of 1964 in a proceeding for eviction of the respondent.

(2.) The petitioners are the partners of a firm called Messrs. C. Krishnaiah Shetty & Sons, carrying on the business of jewellery and silverware in the Commercial Street, Civil Station, Bangalore. The respondent-firm Messrs. Mysore Silk Museum, is occupying the schedule premises as a tenant of the petitioners, who brought an action for eviction qn the ground that consequent on the coming into force of the Gold Control Order in 1963 and other circumstances, their jewellery business had diminished, to such an extent that it became absolutely necessary for one of them to turn to another business for which the schedule premises are required. It is also stated that though they made, at a heavy cost, additions and alterations with fixtures and electrical appliances such as air-conditioning, in their premises for more effectively carrying on their jewellery and silverware business, the Gold Control Order was suddenly promulgated, and their business was affected so much that the first petitioner is under a compelling necessity to start a business in cloth.

(3.) The tenant resisted the petition inter alia contending that the business of the petitioner is not affected as a result of the Gold Control Order. The intention of the petitioners is neither bona fide nor reasonable. It is a device actuated by oblique motives to secure higher rentals. Reference is also made to an earlier attempt of the petitioners for eviction by issuing a quit notice dated 15-7-1960 which was, however, not followed by any proceedings. A plea of greater hardship is also taken.